PATENT AND TRADE-MARK LAWS 



CONVENTION'S. 




BEING A PEBLTMINAKY B^-rPOET TO THE COMMISSTONEE 

OF I^ATENTS ITPOiT^THE IIEQUIEEMENTS OF 

SENATE KESOLtJTlON OF MAECH 3, 1803. 



By EXAMINER F. A. SEELY. 



PATENT AND TRADE-MARK LAWS 



AND 



CONVENTION'S. 



BEiNO A peelimi:n^ary eepoet to the commissionee 

OF PATENTS UPON THE EEQUIEEMENTS OF 
senate EESOLUTIOK of MAEOH 3, 1893. 



By EXAMINER F. A. SEELY. 



^^■■" , 




WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 
1893. 



<5 






Cy 



V. 






PATENT AM) TRADE-MARK LAWS AND CONTENTIONS. 



United States Patent Office, 

Waslmigton, D. C, July 1, 1893. 
Sm: 
On Marcli 7 last I received tlie following order : 

Please report to the Commissioner, in writing, your views on Senate resolution 
dated March 3, 1893, hereto inclosed, returning the resolution at the same time. 

N. L. Frothixgham, 

Acting Commiasioner. 

The resolution referred to is as follows: 

Resolved, That the Secretary of the Interior is directed to ascertain what legisla- 
tion, if any, is necessary to enforce the provisions of existing treaties or conventions 
with foreign countries with respect to patents and trade-marks, or to secure to citi- 
zens of the United States the enjoyment of privileges in foreign countries correspond- 
ing to those enjoyed by the citizens or subjects of such countries in the United 
States, and to report his conclusions to the Senate at the next session of Congress. 

On the receipt of this resolution at the Interior Department it was 
referred to the Commissioner of Patents for his consideration and report, 
and since the above-named date has been on my desk for compliance 
with the Acting Commissioner's directions. I now have the honor to 
submit a partial and preliminary report. 

The resolution requires two things: (1) a report as to the legislation 
necessary to comply with existing treaties or conventions, and (2) a 
report as to the legislation necessary to secure full reciprocity to 
American citizens in foreign countries. The former calls for a close 
scrutiny of existing treaties to determine the obligations tliey impose, 
and of the existing United States statutes, so far as to ascertain how 
far they already fulfill these obligations. The latter calls for a similar 
scrutiny of the laws and practice in foreign nations, in order to ascer- 
tain wherein they fall short of conferring reciprocal privileges upon 
Americans. Whatever default may appear in this regard, it is evident 
that it is not to be cured by Congressional action, except as such action 
may furnish the basis for dixdomacy. 

3 



In order to lay before the Senate intelligently the requirements of 
existing conventions, I have thought it best to collate all of these so far 
as they relate to patents and trade-marks, or what is known under the 
generic name industrial property. 

Following these in logical order I have introduced those sections of 
the United States patent and trade-mark laws which relate more par- 
ticularly to the rights of aliens. If any legislation is required to fulfill 
the obligations of conventions, it would appear to lie principally in the 
direction of a modification of these sections. 

To these I add a concise statement of the patent and trademark 
laws of the three leading commercial nations of Europe, those with 
which Americans have the closest industrial relations. It would add 
too much to the bulk of this report to include statements, however 
concise, of the laws of all nations, and it is reasonable to believe that 
whatever difficulties American citizens may encounter in seeking pro- 
tection for their industrial property elsewhere will be overcome by any 
methods which may be efficacious for that purpose in these three 
nations. 

But all the conditions of the second requirement of the resolution are 
not exhibited without including in this compilation the international 
arrangement entered into by certain nations April 14, 1891, which in 
certain features constitutes a menace to a growing American industry 
by refusing the protection of the courts to its products in certain cir- 
cumstances. So far as I am aware, neither Congress nor the American 
public are informed of the existence of this arrangement, which is at 
any time liable to create a case for diplomatic interference. 

Although in this letter I have referred to the various matters of this 
report in the logical sequence required by the resolution, yet for pur- 
poses of ready comparison I have arranged them in a somewhat differ- 
ent order, 

I have the honor to remain, ^ 

very respectfully, 

your obedient servant, 

F. A. Seelt. 

Hon. John S. Seymour, 

Commissioner of Patents* 



I.— PATENT LAWS. 

[Including those sections of tlie United States patent law which relate more particularly to the 
rights of aliens, and a brief statement of the patent laws of Great Critain, France, and Germany 
in the same regard.] 

United States Patent Law. 

1. REVISED statutes. 

Sec. 4886. Any person who lias invented or discovered any new and 
useful art, machine, manufacture, or composition of matter, or any new 
and useful improvement thereof, not known or used by others in this 
country, and not patented or described in any jirinted publication in 
this or any foreign country, before his invention or discovery thereof, 
and not in public use or on sale for more than two years prior to his 
application, unless the same is proved to have been abandoned, may, 
upon payment of the fees required by law, and other due proceedings 
had, obtain a patent therefor. 

Sec. 4887. No person shall be debarred from receiving a patent for 
his invention or discovery, nor shall any patent be declared invalid, 
by reason of its having been first patented or caused to be patented 
in a foreign country, unless the same has been introduced into public 
use in the United States for more than two years prior to the applica- 
tion. But every patent granted for an invention which has been pre- 
viously patented in a foreign country shall be so limited as to expire 
at the same time with the foreign patent, or, if there be more than 
one, at the same time with the one having the shortest term, and in no 
case shall it be in force more than seventeen years. 



Sec. 4923. Whenever it appears that a patentee, at the time of mak- 
ing his application for the patent, believed himself to be the original 
and first inventor or discoverer of the thing patented, the same shall 
not be held to be void on account of the invention or discovery, or any 
part thereof, having been known or used in a foreign country, before 
his invention or discovery thereof^ if it had not been patented or de- 
scribed in a printed publication. 



Sec. 4892. The applicant shall make oath that he does verily believe 
himself to be the original and first inventor or discoverer of the art, 
machine, manufacture, composition, or improvement for which he 
solicits a patent; that he does not know and does not believe that the 
same was ever before known or used ; and shall state of what country 
he is a citizen. Such oatli may be made before any person within the 
United States authorized by law to administer oaths, or when the 



applicant resides in a foreign country, before any minister, cha.go 
d'affaires, consul, or comiuercial agent, holding commission under the 
Government of the United States, or before any notary public of the 
foreign country in which the applicant may be. 



Sec. 4902. Any citizen of the United States who makes any new 
invention or discovery, and desires further time to mature the same, 
may, on payment of the fees required by law, file in the Patent Office 
a caveat setting forth the design thereof, and of its distingiiishing char- 
acteristics, and praying protection of his right until he shall have ma- 
tured his invention. Such caveat shall be filed in the confidential 
archives of the office and preserved in secrecy, and shall be operative 
for the term of one year from the filing thereof; and if application is 
made within the year by any other person for a patent with which 
such caveat would in any manner interfere, the Commissioner shall 
deposit the description, specification, drawings, and model of such ap- 
plication in like manner in the confidential archives of the office, and 
give notice thereof by mail to the person by whom the caveat was filed. 
If such person desires to avail himself of his caveat, he shall file his 
description, specifications, drawings, and model within three months 
from the time of placing the notice in the post-office in Washington, 
with the usual time required for transmitting it to the caveator added 
thereto; which time shall be indorsed on the notice. An alien shall 
have the privilege herein granted, if he has resided in the United 
States one year next preceding the filing of his caveat, and has made 
oath of his intention to become a citizen. 



2. ACT OF APRIL 6, 1892. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That no citizen of any other 
country shall be lield liable for the infringement of any patent granted 
by the United States, or of any trade-mark or label registered in the 
United States, where the act complained of is or shall be ijerformed in 
connection with the exhibition of any article or thing at the World's 
Columbian Exposition at Chicago. 

British Patent Law. 

The British law is in the patents, designs, and trade-mark act of 
1883, with its subsequent amendments. 

Patents are granted to actual inventors, whether British subjects or 
not, or to the first who^ntroduces an invention into Great Britain. — 
(Sec. 4.) In case of a foreigner the patent may be taken out in his 



own name, or in the name of a resident agent as a comrannication from 
abroad. But the person residing abroad is not required to be the in- 
ventor, since the person to whom the invention is communicated must 
himself chiim to be the "true and first inventor." — (Sec. 5 [2].) 

The invention must be novel to the extent that it shall not have 
been published or used in Great Britain prior to the application, other- 
wise the patent may be revoked. — (Sec. 26.) Publication or public use 
abroad is no bar to validity. Apart from the fees payable on taking 
out the patent, there are annual taxes, the amount of which is fixed 
by the Board of Trade irom time to time. Since October, 1892, they are 
as follows: £5 before the beginning of the fifth year of the patent, and 
these annually increasing by £1 a year till the fourteenth year, when 
they are £14. If these taxes are not paid the patent becomes void. — 
(Sec. 17 [2].) 

The patent is dated and sealed as of the date of application, and 
runs fourteen years.— (Sec. 13.) 

If, by reason of the patentee refusing to grant licenses, the patent 
is not worked in the realm, or the public requirements regarding the 
invention are not supplied, or any person is hindered from using to the 
best advantage an invention of which he is possessed, it is in the power 
of the Board of Trade to compel the grant of licenses on such terms as 
it may deem just. — (Sec. 27.) 

It is provided that, when an arrangement exists with any foreign 
country for the mutual protection of inventions, then any person who 
has applied for protection of his invention in such country shall be 
entitled to a patent thereon in priority to other applicants ; and such 
patent shall have the same date as the application in such foreign state; 
provided the application is made in Great Britain within seven months 
from the date of that in the foreign country. — (Sec. 103.) 

Under certain conditions the exhibition of an unpatented invention 
at an industrial or international exhibition will not prejudice the sub- 
sequent right of the inventor to obtain a patent. — (Sec. 39.) 

French Patent Law. 

Letters patent for inventions are principally regulated in France by 
the law of July 5, 1844. 

Patents for invention are granted to the authors of new discoveries 
or inventions, and patents of importation to those who first introduce 
such into France. These patents are for the same term and are granted 
under similar conditions. 

There is no examination into novelty. — (Art. 11.) 

The limit of duration is fifteen years. — (Art. 4.) 

The fee is 1500 francs, which may, however, be paid in annual install- 
ments of 100 francs each. In default of any one payment the patent 
will expire by forfeiture. — (Art. 4.) 



8 

There is no discrimination against foreigners (Art. 27), and inventions 
already patented abroad may be [latented to tbeir inventors, the dura- 
tion of the French ])atent not to exceed that of the prior foreign pat- 
ent.— (Art. 29.) 

But the patent is void if, prior to the deposit of the application, the 
invention has l)een made public in France or in a foreign country, 
since in tliat case the invention is held not to possess novelty. — (Art. 
31.) 

The j)atentee is bound to work his invention in France within two 
years from the grant, and not to cease tlie working for any two con- 
secutive years thereafter, under pain of forfeiture. — (Art. 32, 2.) Only 
actual manufacture is held to constitute working. 

Forfeiture is also entailed, by the introduction into France of articles 
of foreign origin similar to those patented. — (Art. 32, 3.) 

This provision of law is modified to some extent by Article 5 of the 
International Convention of 1883, which is now part of the law in 
France. 

A special law provides for the protection of inventors who exhibit 
their unpatented inventions in public expositions authorized by the 
government. — (Act of May 23, 1868.) 

German Patent Law. 

The Imperial German patent law is to be found in an enactment of 
April 7, 1891. Its provisions are substantially as follows : 

A foreigner may obtain a patent through a rejiresentative resident 
in Germany (Sec. 12), and the first applicant is entitled to the grant. 
It will be refused if the invention is not considered patentable. — 
(Sec. 3.) 

An invention is not regarded as novel if before the date of applica- 
tion it has been described in a printed publication in any country, or 
has been in public use in Germany. But exception is made in favor of 
those publications officially made in any foreign country which grants 
reciprocity to German subjects. This privilege lasts three months 
from the date of the publication, and is only to exist after the fact of 
reciprocity is guaranteed by announcement from the Imjierial Chan- 
cellor.— (Sec. 2.) 

The duration of the patent is 15 years, beginning the day following 
that of the application. — (Sec. 7.) 

A fee of 30 marks is payable before the grant of the patent, and a 
further fee at the beginning of each subsequent year; the first being 
50 marks, and increasing by 50 marks annually for the term of the 
patent. — (Sec. 8.) The patent is forfeited by failure to pay these fees 
within three months after they become due. — (Sec. 9.) 

It may also be revoked after three years if the invention is not 
worked in Germany, or if a license is refused to others to work it on 



reasonable terms.— (Sec. 11.) In a procedure to nullify a patent a 
foreign petitioner must give tLe other party security for tlie costs of 
the suit, the amount of security to be lixed by the Patent Office. — 
(Sec. 28.) 

II.— TRADE-MAEK LAWS. 

[Including those sections of the United States trade-mark statutes which more particularly define the 
rights of aliens, and a statement of the laws of Great Britain, France, and (iermany to the same 
effect, with the full text of an international arrangement concluded April 14, 1891, between certain 
nations for the repression of false indications of origin upon merchandise.] 

United States Teade-makk Law. 
1. act of march 3, 1881. 

Be it enacted, etc. [Section 1], That owners of trade-marks nsed in 
commerce with foreign nations or with the Indian tribes, provided such 
owners shall be domiciled in the United States or located in any for- 
eign country or tribes, which, by treaty, conventien, or law, affords 
similar privileges to citizens of the United States, may obtain regis- 
tration of such trade-marks by complying with the following require- 
ments : 

Sec. 2. That the application prescribed in the foregoing section 
must, in order to create any right whatever in favor of the party filing 
it, be accompanied by a written declaration verified by the person, or 
by a member of a firm, or by an officer of a corporation applying, to 
the effect that such party has at the time a right to the use of the trade- 
mark sought to be registered, and that no other person, firm, or corpora- 
tion has the right to such use, either in the identical form or in any 
snch near resemblance thereto as might be calculated to deceive; that 
such trade-mark is used in commerce with foreign nations or Indian 
tribes, as above indicated; and that the description and fac-similes 
presented for registry truly represent the trade mark sought to be reg- 
istered. 

Sec. 3. That the time of the receipt of any snch application shall be 
noted and recorded. But no alleged trade-mark shall be registered 
unless the same appear to be lawfully used as such by the applicant 
in foreign commerce or commerce with Indian tribes, as above men- 
tioned, or is within the i^rovision of a treaty, convention, or declara- 
tion with a foreign power; nor which is merely the name of the appli- 
cant; nor which is identical with a registered or known trade-mark 
owned by another, and appropriate to the same class of merchandise, 
or which so nearly resembles some other person's lawful trade-mark as 
to be likely to cause confusion or mistake in the mind of the i)ublic, or 
to deceive purchasers. In an application for registration the Commis- 
sioner of Patents shall decide the presumi)tive lawfulness of claim to 
the alleged trade-mark; and in any dispute between. an ajjplicant and 
a i)revious registrant, or between applicants, he shall follow, so far as 



10 

tlie same may be applicable, tlie practice of courts of equity of tlie 
United iStates in analogous cases. 

Sec. 5. That a certilicate of registry isball remain in force for thirty 
years from its date, except in cases where the trade-mark is claimed 
for and applied to articles not manufactured in this country, and in 
which it receives protection under the laws of a foreign country for a 
shorter i)eriod, in which case it sliall cease to have any force in this 
country by virtue of this act at the time that such trade-mark ceases to 
be exclusive projierty elsewhere. At any time during the six months 
prior to the expiration of the term of thirty years such registration may 
be renewed on the same terms and for a like period. 

Sec. 13. That citizens and residents of this country wishing the pro- 
tection of trade-marks in any foreign country, che laws of which require 
registration here as a condition precedent to getting such protection 
there, may register their trade-marks for that purpose as is above 
allowed to foreigners, and have certificate thereof from the Patent 
Oliice. 

2. ACT OF OCTOBEE 1, 1890. 

Sec. 7. That on and after March 1, 1891, no article of imported mer- 
chandise which shall coj^y or simulate the name or trade-mark of any 
domestic manufacture or manufacturer shall be admitted to entry at 
any custom-house of the United States. And in order to aid the offi- 
cers of the customs in enforcing this prohibition, any domestic manu- 
facturer who has adopted trade-marks may require his name and resi- 
dence and a description of his trade-marks to be recorded in books 
which shall be kept for that purpose in the Department of the Treasury, 
under such regulations as the Secretary of the Treasury shall prescribe, 
and may furnish to the Dei^artment facsimiles of such trade marks; 
and thereupon the Secretary of the Treasury shall cause one or more 
copies of the same to be transmitted to each collector or other proper 
officer of the customs. 

Sec. 6. That on and after the 1st day of March, 1891, all articles of 
foreign manufacture, such as are usually or ordinarily marked, stamped, 
branded, or labeled, and all packages containing such or other imported 
articles, shall, respectively, be plainly marked, stamped, branded, or 
labeled in legible English words, so as to indicate the country of their 
origin, and uidess so marked, stamped, branded, or labeled they shall 
not be admitted to entry. 

British Trade-Mark Law. 

This law is included in sections xlii-lxxxviii of the patents, de- 
signs, and trade-marks act. 

Any person w\io claims to be the jiroprietor of a trade-mark may 
register it, whether he be a British subject or not.— (Sec. 62.) 



11 

Application must be made to the Comptroller of the Patent Office, 
who will at once advertise it, when the registration shall be subject to 
opposition. In case of there being no opposition, or of its being over- 
come, the trade-mark shall be registered. — (Sees. 68, 69.) 

Eegistration is prima facie evidence of ownership, becoming conclu- 
sive after five years. — (Sec. 76.) It is a condition precedent to the in- 
stitution of a suit for damages for infringement. — (Sec. 77.) 

The term of registration is fourteen years, but renewable on expira- 
tion by payment of the prescribed fee. — (Sec. 79.) Fees not fixed by 
law, but to be prescribed from time to time by the Board of Trade with 
the approval of the Treasury. — (Sec. 80.) 

In the same act it is provided that when an arrangement exists be- 
tween Great Britain and any foreign state for the mutual protection of 
trademarks, then any person who has ai^plied for protection of his 
trade-mark in any such state shall be entitled to registration of the 
same in Great Britain in priority to other applicants; and such regis- 
tration shall have the same date as that of the protection in the foreign 
state: Provided, The application is made within four months from the 
date of application in the foreign state. — (Sec. 103.) 

Goods of foreign manufacture bearing a name or trade-mark pur- 
porting to be that of a British manufacturer or trader are prohibited 
from importation unless such name or mark is accompanied by a defi- 
nite indication of the country in which the goods were produced. — 
(Merchandise marks act of 1887, sec. 16.) 

Also goods bearing a name identical with or colorably imitating the 
name of a place in the United Kingdom, unless accompanied by the 
name of the country in which such place is situate, are prohibited 
from importation. — (Idem.) 

All such goods if sold or offered for sale in the United Kingdom 
are liable to seizure and the person offending is subject to fine and 
imprisonment. — (Same act, sec. 3.) 

French Trade-Mark Law. 

Marks of manufacture and trade are protected in France principally 
under the law of June 23, 1857, together with the reglement d'' ad minis- 
tration of February 27, 1891. No one can assert the exclusive right 
to a mark without depositing copies of it with the clerk of the 
tribunal de commerce of his domicile. — (Art. 2.) 

The term of protection is fifteen years, renewable for a similar term 
by a new deposit. — (Art. 3.) 

For each mark there is a fee of 1 franc for the preparation and 
transmission of the record, which does not include the cost of the seal 
and of registry. — (Art. 4.) 

Foreigners whose business establishments are out of France may 
enjoy the benefit of the law when by treaty or law French citizens 



12 

enjoy the same privilege in the respective foreign countries. In this 
case the deposit must be made with the clerk of the tribunal de com- 
merce of the Department of the Seine. — (Art. 6.) 

Foreign products henriug either tlic name or trademark of a French 
l)i()ducer or an indicatiou of French origin are prohibited from entry 
in France and excluded from transit, and are liable to seizure wherever 
tumid.— (Art. 19.) 

The luternational Convention of Marcli 20, 1883, having been pro- 
mulgated in France, has become the law of the land, and its provisions, 
so far as they relate to trade-marks, are to be equally binding with 
other legislation. 

German Trade-Mark Law. 

The imperial law for the registration and protection of trade-marks is 
embodied in the act of November 30, 1874. 

No person can acquire a right to a trade-mark the registration of 
which is not permitted by law. — (Sec. 10.) 

Manufacturers and merchants whose firm names have been entered 
in the commercial register may file applications for registration of 
their trade-marks before a competent court. — (Sec. 1.) 

Trade-marks are not registrable which consist entirely of letters or 
words, or which contain public armorial bearings or offensive repre- 
sentations. — (Sec. 3.) 

The fee is 50 marks. — (Sec. 7.) 

Foreigners shall enjoy the benefit of this act when German trade- 
marks are protected by law in their resj)ective countries, provided tlie 
owner of the trade-mark in every case shall with his application make 
himself amenable to the jurisdiction of the court of commerce in re- 
spect to complaints regarding his mark, and shall accompany the ap- 
plication by proof that he is x)rotected in his own country. — (Sec. 20.) 

This protection shall continue as long as the alien owner is protected 
in the exclusive use of the mark at home. — (Sec. 2 '.) 

The German courts have held that when a treaty exists with another 
country for the reciprocal protection of trade marks, then marks of cit- 
izens of such country may be registered, though they consist of letters 
or words only, if they have first been registered in the country of origin. 

International Arrangement for the Eepression of False 
Indications of Origin upon Merchandise, Concluded April 
14, 1891, between Brazil, France, Great Britain, Guate- 
mala, Portugal, Spain, Switzerland, and Tunis. 

Article 1. Every product bearing a false indication of origin in 
which one of the contracting states, or a place situated in one of them, 
shall be, directly or indirectly, indicated as country or place of origin, 
shall be seized on importation into any one of said states. 



13 

The seizure may also be eflfct'tcd in the couutry where the false indi- 
cation of origin shall have been affixed or in that in which the product 
bearing the false indication shall have been introduced. 

If the legislation of a state does not admit of seizure on importation, 
such seizure shall be replaced by prohibition of importation. 

If the legislation of a state does not admit of internal seizure, such 
seizure shall be replaced by the actions and means which the law of 
that state accords to its citizens in similar cases. 

Art. 2. The seizure shall be made either at the request of the public 
prosecutor or of an interested party, individual, or corporation, con- 
formably with the domestic legislation of such State. 

The authorities shall not be required to cause the seizure in case of 
transit. 

Art. 3. The present stipulations shall not prevent the indication by 
the vendor of his name or his address upon goods coming from a coun- 
try other than that in which they are sold; but in such case the address 
or the name should be accompanied by the exact indication, in plain ' 
characters, of the country or place of manufacture or production. 

Art. 4. Tlie courts of each country shall decide what are the appella- 
tions which by reason of their generic character avoid the stipulations 
of the present arrangement; provided, however, that regional appella- 
tions of origin of vineyard products are not included in the reservation 
fixed by this article. 

Art. 5. The States of the Union for the Protection of Industrial 
Property which have not taken part in the present arrangement shall 
be admitted to accede thereto, upon application and in the manner pre- 
scribed by article 16 of the Convention of March 20, 1883, for the Pro- 
tection of Industrial Property. 

III.— CONVEl^TIOKS NOW IK FOKCE BETWEEN THE UNITED 
STATES AND OTHER NATIONS FOR THE RECIPROCAL 
PROTECTION OF INDUSTRIAL PROPERTY. 

AUSTRIA -HUNGARY. 

Convention relative to trade-inarks, concluded Kovemher So, 1S71; ratifications exchanged 
at Vienna, Ajml 22, 1872 ; j^roclaimed June 1, 1872. 

Article I. 

Every reproduction of trade-marks which in the countries or terri- 
tories of the one of the contracting parties are affixed to certain mer- 
chandise to prove its origin and quality is forbidden in the countries 
or territories of the other of the contracting parties, and shall give to 
the injured party ground for such action or proceedings to prevent such 
reproduction, and to recover damages for the same, as may be author- 
ized by the laws of the couutry in which the counterfeit is proven, just 
as if the plaintiff were a citizen of that country. 



14 

The exclusive rigbt to use a trademark for the benefit of citizens of 
the United States in the Austro-Huugarian Empire, or of citizens of 
the Austro-Hungariau INIoiiarchy in the territory of the United States, 
cannot exist for a longer period than tliat fixed by the law of the coun- 
try for its own citizens. If the trade-mark has become public property 
in the country of its origin, it shall be equally free to all in the coun- 
tries or territories of the other of the two contracting j)arties. 

Article II. 

If the owners of trade-marks, residing in the countries or territories 
of the one of the contracting parties, wish to secure their rights in the 
countries or territories of the other of the contracting parties, they 
must deposit duplicate copies of those marks in the Patent Office at 
Washington and in the Chambers of Commerce and Trade in Vienna 
and Pesth. 

Article III. 

The present arrangement shall take effect ninety days after the ex- 
change of ratifications, and shall continue in force for ten years from 
this date. 

In case neither of the high contracting parties gives notice of its in- 
tention to discontinue this Convention twelve months before its expira- 
tion, it shall remain in force one year from the time that either of the 
high contracting parties announces its discontinuance. 

Article IY. 

The ratifications of this present Convention shall be exchanged at 
Vienna within twelve months, or sooner if possible. 

In faith whereof the respective plenipotentiaries have signed the 
present Convention as well in English as in German and Hungarian, 
and have affixed thereto their respective seals. 

Done at Vienna the 25th day of November, in the year of our Lord 
1S71, in the ninety-sixth year of the Independence of the United States 
of America, and in the twenty-third year of the reign of His Imperial 
and Eoyal Apostolic Majesty. 

[SEAL.] John Jay. 

[SEAL.] AnDRIsSY. 

On the 10th of June, 1891, the Austro-Hungarian Department of 
Commerce issued a decree, No. 23208, to the following effect: 

Marks of sutjects of Sweden and Norway, as well as (citizens) of the United States 
of North America, are, by reason of the special conditions of the Trade-Mark Con- 
ventions of May 10, 1890, and of November 25, 1871, admitted to registration even 
when they only consist of names, firms, and other words, if proof is produced that the 
same are registered in the home country. 



15 



BELGIUM. 

Treaty of commerce, navigation, and trade-marks, concluded March 8, 1875; rat\/icaiion8 
exchanged at Brussels June 11, 1875; proclaimed June 29, 1875. 

Article XY. 

The high contracting parties, desiring to secure complete and effi- 
cient protection to the manufacturing industiy of their respective 
citizens, agree that any counterfeiting in one of the two countries of 
the trade-marlis affixed in the other on merchandise, to show its origin 
and quality, shall be strictly prohibited, and shall give ground for an 
action of damages in favor of the injured party, to be prosecuted in 
the courts of the country in which the counterfeit shall be proven. 

The trade-marks in which the citizens of one of the two countries 
may wish to secure tlie right of property in the other must be lodged, 
to wit: the marks of citizens of the United States, at Brussels, in the 
office of the clerk of the Tribunal of Commerce; and the marks of Bel- 
gian citizens, at the Patent Office in Washington. 

It is understood that if a trade-mark has become public property in 
the country of its origin, it shall be equally free to all in the other 
country. 

Article XVI. 

The present treaty shall be in force during ten years from the date 
of the exchange of the ratifications, and until the expiration of twelve 
months after either of the high contracting parties shall have announced 
to the other its intention to terminate the operation thereof, each 
party reserving to itself the right of making such declaration to the 
other at the end of the ten years above mentioned; and it is agreed 
that after the expiration of the twelve months of prolongation accorded 
on both sides this treaty and all its stipulations shall cease to be in 
force. 

Article XVII. 

This treaty shall be ratified, and the ratifications shall be exchanged 
at Brussels within the term of nine months after its date, or sooner if 
possible. 

In faith whereof the respective plenipotentiaries have signed the 
present treaty in duplicate, and have affixed thereto their seals at 
Washington, the 8th day March, 1875. 

[SEAL.] Hamilton Fish. 

[SEAL,] Maurice Delfosse. 



16 

Convention concernivg irndc marls, conrhicJcd April 7, 18S4; ratifications exchanged at 
Washinylon July 7, 1SS4; produim-ed July 9, ISSi. 

Article I. 

Citizens of the TJiiited States iu Eel.G^iura and Belgian citizens in the 
United States of America shnll enjoy, as regards trade-marks and 
trade-labels, the same protection as native citizens, without prejudice 
to any i)rivilege or advantage that is or may hereafter be granted to 
the citizens of the most favored nation. 

Article II. 

In order to secure to their marks the protection provided for by the 
foregoing article, the citizens of each one of the contracting j)arties shall 
be required to fulfill the law and regulations of the other. 

Article III. 

The present arrangement shall take effect on the day of its official 
publication, and shall remain in force until the expiration of the twelve 
months following the notice, given by either of the contracting parties, 
of its desire for the cessation of its effects. 

The ratifications of this convention shall be exchanged at Washing- 
ton as soon as i)ossible within one year from this date. 

In testimony whereof the respective plenipotentiaries have signed 
this convention in duplicate, in the English and French languages, and 
afl&xed thereto the seals of their arms. 

Done at Washington the 7th day of April, in the year of our Lord 
1884. 

[seal.] Fredk. T. Frelinghuysen. 

[seal.] Thre. de Bounder de Melsbroeok. 



BRAZIL. 

Agreement concerning trade-viarTcs, concluded September S4, 1878; proclaimed June 17 , 1889. 

The Government of the United States of America and the Govern- 
ment of His Majesty the Emperor of Brazil, with a view to the reciprocal 
protection of the marks of manufacture and trade in the two countries, 
have agreed as follows : 

The citizens or subjects of the two high contracting parties shall 
have in the dominions and possessions of the other the same rights as 
belong to native citizens or subjects in everything relating to property 
in marks of manufacture and trade. 

It is understood that any person who desires to obtain the aforesaid 
protection must fulfill the formalities required by the laws of the re- 
spective countries. 



17 

In witness whereof tlie undersigned, duly autliorized to this end, have 
signed the present agreement and have alhxed thereto the seals of their 
arms. 

Done in duplicate at Eio de Janeiro the 24th day of the month of 
September, 1878. 

[SEAL.] Henry Washington Hilliard. 

[SEAX.j B. de Villa Bella. 



DENMARK. 

Convention for the reciprocal protection of trade-marks and trade laicis, concluded at 
Copenhagen, June 15, 1S92; proclaimed October 12, 1S02. 

With a view to secure for the manufacturers in the United States of 
America, and those in Denmark, the reciprocal protection of their trade- 
marks and trade labels, the undersigned, duly authorized to that effect, 
have agreed on the following dispositions : 

Article I. 

The subjects or citizens of each of the high contracting parties shall 
in the dominions and possessions of the other have the same rights as 
belong to native subjects or citizens in eyerything relating to trade- 
marks and trade labels of every kiud. 

Provided, always, that in the United States the subjects of Denmark, 
and in Denmark the citizens of the United States of America, can not 
enjoy these rights to a greater extent or for a longer x)eriod of time 
than in their native country. 

Article II. 

Any person in either country desiring protection of his trade-mark 
in the dominions of the other must fulfill the formalities required by the 
law of the latter; but no person, being a subject or citizen of one of 
the contracting States, shall be entitled to claim protection in the other 
by virtue of the jirovisions of this convention, unless he shall have first 
secured protection in his own country in accordance with the laws 
thereof. 

Article III. 

This arrangement shall go into effect immediately on or after the ex- 
change of the ratifications, and shall be in force until a year after it has 
been recalled by the one or the other of the two high parties. 

Article IV. 

The present convention shall be ratified by the President of the 
Knifed States of America, by and with the advice and consent of the 
Senate thereof, and by His Majesty the King of Denmark, and the rati- 
1701 2 



18 

ficatioiis shall be exchanged at Copenhagen as soon as may be within 
ten niontlis from the date hereof. 

In witness whereof the undersigned have signed the present conven- 
tion and have affixed thereto tlie seal of their arms. 

Done at Copenhagen in double expedition the 15th June, 1892. 

[SEAL.] Clark E. Carr. 

[SEAL.j EeEDTZ THOTT. 

feance. 

Convention concerning trade-marlcs, concluded April 16, 1SG9 ; ratifications exchanged at 
Washington, July 3, 1SG9 ; proclaimed July 6, 1S69. 

Article I. 

Every reproduction in one of the two countries of trade-marks affixed 
in the other to certain merchandise to prove its origin and quality is 
forbidden, and shall give ground for an action for damages in favor of 
the injured party, to be prosecuted in the courts of the country in 
which the counterfeit shall be proven, just as if the plaintiff were a sub- 
ject or citizen of that country. 

The exclusive right to use a trade-mark for the benefit of citizens of 
the United States in France, or of French subjects in the territory of 
the United States, can not exist for a longer period than that fixed by 
the law of the country for its own citizens. 

If the trade-mark has become public property in the country of its 
origin, it shall be equally free to all in the other country. 

Article II. 

If the owners of trade-marks,. residing in either of the two countries, 
wish to secure their rights in the other country, they must deposit 
duplicate copies of those marks in the Patent Office at Washington, 
and in the clerk's office of the Tribunal of Commerce of the Seine, at 
Paris. 

Article III. 

The ijresent arrangement shall take efl'ect ninety days after the ex- 
change of ratifications by the two governments, and shall continue in 
force for ten years from this date. 

In case neither of the two high contracting parties gives notice of its 
intention to discontinue this convention, twelve months before its expi- 
ration, it shall remain in force one year from the time that either of 
the high contracting parties annouuces its discontinuance. 

Article IV. 

The ratifications of this present arrangement shall be exchanged at 
Washington within ten months, or sooner if possible. 



19 

In faith whereof the respective plenipotentiaries have signed the 
present convention in duplicate, and affixed thereto the seal of their 
arms. 

Done at Washington the ICth day of April, in the year of our Lord 
1869. 

[SEAL.] Hamilton Fish. 

[SEAL.]^ BeRTHEMY. 

GERMAN EMPIRE. 

Convention respecting consuls and trade-marks, conclnded December 11, 1871; ratifica- 
tions exchantjed at Berlin April 29, 1S72; proclaimed June 1, 1872. 

Article XVII. 

With regard to the marks or labels of goods, or of their packages, and 
also with regard to patterns and marks of manufacture and trade, the 
citizens of Germany shall enjoy in the United States of America, and 
American citizens shall enjoy in Germany, the same protection as na- 
tive citizens. 

Article XVIII. 

The present convention shall remain in force for the space of ten 
years, counting from the day of the exchange of the ratifications, which 
shall be exchanged at Berlin within the period of six months. 

In case neither party gives iiotice, twelve months before the expira- 
tion of the said period of ten years, of its intention not to renew this 
convention, it shall remain in force one year longer, and so on, from 
year to year, until the expiration of a year from the day on which one 
of the parties shall have given such notice. 

In faith whereof the plenipotentiaries have signed and sealed this 
convention. 

Berlin, the 11th of December^ 1871. 

[SEAL.] Geo. Bancroft. 

[SEAL.l B. KOENIG. 



GREAT BRITAIN. 

Declaration rcspccHnfi trade-marks, concluded October 24, 1877; ratification advised by 
Senate May 22, 1S7S; ratified by President May 25, 1878; proclaimed July 17, 1878. 

The Government of the United States of America and the Govern- 
ment of her Majesty the Queen of the United Kingdom of Great Britain 
and Ireland, with a view to the reciprocal protection of the marks of 
manufacture and trade in the two countries, have agreed as follows: 

The subjects or citizens of each of the contracting parties shall have, 
in the dominions and possessions of the other, the same rights as belong 



20 

to native subjects or citizens, or as are now granted or may hereafter 
be granted to the subjects and citizens of the most favored nation, in 
everything rehiting to property in trade-marks and trade labels. 

It is understood that any person who desires to obtain the aforesaid 
protection must fulfill the formalities required by the laws of the respec- 
tive countries. 

In witness whereof the undersigned have signed the present decla- 
ration, and have affixed thereto the seal of their arms. 

Done at London, the 24th day of October, 1877. 
SEAL.] Edwards Piereepont. 

seal!] Derby. 



ITALY. 

DedaraUon'for the reciprocal protection of viarls of manufacture and trade, concluded 
June 1, 1SS2; ratification advised lij the Senate February 25, 1S84; proclaimed March 
19, 1884. 

DECLARATION. 

The Government of the United States of America and the Govern- 
ment of His Majesty the King of Italy, wishing to provide for the recip- 
rocal protection of the marks of manufacture and trade, have agreed as 
follows : 

The citizens of each of the high contracting parties shall enjoy, in the 
dominions and possessions of the other, the same rights as belong to 
native citizens, or as are now granted or may hereafter be granted to the 
subjects or citizens of the most favored nation, in everything relating 
to property in trade-marks and trade labels. 

It is understood that any person who desires to obtain the aforesaid 
protection must fulfill the formahties required by the laws of the respec- 
tive countries. 

In witness whereof the undersigned, having been duly authorized to 
this effect, have signed the iDresent declaration, and have affixed thereto 
the seal of their arms. 

Done in duplicate original at Washington, this 1st day of June, 1882. 

[SEAL.] FrED'K T. FRELINGHUYSEN. 

[SEAL.] FAVA. 

[Note. — Inasmuch as the act of Congress, entitled "An act relating to the regis- 
tration of trade-marks." approved March 3, 1881, gives the right of trade-mark 
registry to subjects of any foreign country which by law admits the like right for 
citizens of the United States, this declaration is held to be an establishment of the 
fact that such reciprocal privilege exists, and is therefore effective ftom. June 1, 1882, 
the date of its signature.] 



21 



NETHERLANDS. 

The object of a conveutiou is accomplished by the exchange of diplo- 
matic uotes, as follows : 

(1) Mr. de WecJcJicrlin to Mr. FreUngJnrysen. 

Legation of The Netherlands, 

Washington, February 10, 1883. 
Mr. Secretary of State : 

I have the honor herewith to transmit to your excellency a copy of 
the oflicial edition of the Dutch law relative to trade-marks, bearing 
date of May 25, 1880. 

The provisions of this law make no distinction between natives of the 
Netherlands and foreigners, so that citizens of the United States of 
America receive the same usage in the Netherlands as my countrymen 
as regards everything connected with the registration and protection 
of their trade-marks. 

It consequently seems that so far as the Netherlands are concerned, 
the conditions of recij)rocity are fulfilled which are established for the 
registration and protection of foreign trade-marks in the United States 
of America by the act of Congress approved March 3, 1881, which allows 
the registration of trade-marks whose owners reside in foreign coun- 
tries, the laws of which grant the same privilege to the citizens of the 
United States of America. 

I have, therefore, been instructed by my Government to beg your 
excellency to be pleased, if there are no objections, to cause the adop- 
tion of the measures necessary in order that subjects of the Nether- 
lands may hereafter avail themselves in the United States of America 
of the act of Congress to which I have just referred. 

Be pleased to accept, Mr. Secretary of State, etc., 

G. DE Weckherlin. 



(2) Mr. FrelingJmysen to Mr. de WecMerlin, 

Department of State, 
Washington, February 16, 1883. 
Sir : I have the honor to acknowledge the receipt of your note of 
the 10th instant, by which you communicate to me the text of the 
Netherlands law of the 25th of May, 1880, concerning marks of trade 
and commerce. 

I have taken due note of your statement that this law makes no dis- 
tinction between Netherlauders and foreigners, so that the citizens of 
the United States are treated in the Low Countries on the same footing 



22 

as the natives thereof in all that concerns the registration and protec- 
tion of their commercial and trade marks. 

As the enacting clause of the act of Congress of March 3, 1881, "to 
authorize the registration of trade-marks and protect the same," pro- 
vides in terms as follows: "That owners of trade-marks used in com- 
merce with foreign nations or Avith the Indian tribes, provided such 
owners shall be domiciled in the United States, or located in any foreign 
country or tribes which by treaty, convention, or law afford similar 
privileges to citizens of the United States may obtain registration of 
such trade-marks by complying with" the requirements of that act, 
and as your declaration establishes the fact that the Netherlands law 
gives similar privileges to citizens of the United States located in the 
Low Countries, the fact of entire reciprocity of usage between the two 
countries in this respect may now be regarded as established and evi- 
denced by the present exchange of dii^lomatic notes, and as henceforth 
operative without further formalities between them. 
Accex)t, sir, etc., 

Eredeeick T. Feelinghuysen. 



RUSSIA. 



Article respecting trade-vxarTcs, additional to the treaty of naiiigation and commerce of 
December 6-lS, 1SS2, concluded at Washington January 27, 1SG8; ratifications exchanged 
at St. Fetersburg September 21, 186S; proclaimed October 15, 1S6S. 

ADDITIONAL AETICLE. 

The high contracting parties, desiring to secure complete and effi- 
cient protection to the manufacturing industry of their respective 
citizens and subjects, agree that any counterfeiting in one of the two 
countries of the trade-marks affixed in the other on merchandise, to 
show its origin and quality, shall be strictly prohibited and repressed, 
and shall give ground for an action of damages in favor of the injured 
party, to be prosecuted in the courts of the country in which the coun- 
terfeit shall be proven. 

The trade marks in which the citizens or subjects of one of the two 
countries may wish to secure the right of property in the other must be 
lodged exclusively, to wit, the marks of citizens of the United States in 
the Department of Manufactures and Inland Commerce at St. Peters- 
burg, and the marks of Eussian subjects at the Patent Office in Wash- 
ington. 

This additional article shall be terminable by either party, pursuant 
to the twelfth article of the treaty to which it is an addition. It shall 
be ratified by the President, by and with the advice and consent of the 
Senate of the United States, and by His Majesty the Emperor of all the 
Eussias, and the respective ratifications of the same shall be ex- 



23 

clian.a:efl at St. Petersburg within nine months from the date hereof, or 
sooner il" possible. 

In faith whereof the respective i)lenipoteutiaries have signed this 
convention, and thereto affixed the seals of their arms. 

Done at Washington the 30th day of March, in the year of our Lord 
18G7. 

[SEAL.J William H. Seward. 

[seal.] Edouard de Stoecex,. 



Declaration respecting previous treaty siijrulations in regard to trade-marTcs signed March 
2S, 1S74; proclaimed Xovemher 24, 1874. 

Article I. 

With regard to marks of goods or of their packages, and also with 
regard to marks of manufacture and trade, the citizens of the United 
States of America shall enjoy in Russia, and Russian subjects shall 
enjoy in the United States, the same protection as native citizens. 

Article II. 

The preceding article, which shall come immediately into operation, 
shall be considered as forming an integral part of the Ireaty of the -j^J}; 
December, 1832, and shall have the same force and duration as the said 
treaty. 

In faith whereof the undersigned have drawn up and signed the pres- 
ent declaration, and affixed thereto their seals. 

Done in duplicate in the English and Russian languages at St. 
Petersburg, this if^ day of March, 1874. 

[seal.] Marshall Jewell. 

[seal.] Gortchacow. 

SERBIA. 

Convention for facilitating and developing commercial relations, concluded at Belgrade 
October 14, ISSl; ratifications exchanged at Belgrade November 15, 1S82 ; proclaimed 
December 27, 1882. 

Article XII. 
The high contracting parties, desiring to secure complete and effi- 
cient protection to the manufacturing industry of their respective 
citizens and subjects, agree that any counterfeiting in one of the two 
countries of the trade-marks affixed in the other on merchandise to 
show its origin and quality shall be strictly prohibited and repressed 
and shall give ground for an action of damages in favor of the injured 
parties, to be prosecuted in the courts of the country in which the 
counterfeit shaU be proven. 



24 

The trade-marks in which the citizeus or subjects of one of the two 
coiintries may wish to secure the right of property in the other, must 
be registered exclusively, to wit: The marks of citizens of the United 
States in the tribunal of commerce at Belgrade, and the marks of- Ser- 
bian subjects in the Patent Otiice at Wasliington, subject to the con- 
ditions and restrictions prescribed by the laws and regulations of the 
country in which the trademarks are registered. 



SPAIN. 

Convention concerning trade-marks, concluded June 19, 1882; ratifications exchanged at 
Washington April 19, 1883 ; proclaimed April 19, 1883. 

Article I. 

The citizens and subjects of each of the two contracting parties shall 
enjoy, in the dominions and possessions of the other, the same rights 
as the natives of the country in everything relating to the ownership 
of trade-marks, industrial designs or models, or of manufactures of any 
kind. 

Article II. 

Persons desiring to secure the aforesaid protection shall be obliged 
to comply with the formalities required by the laws of the respective 
countries. 

Article III. 

This convention shall take effect as soon as it shall have been pro- 
mulgated in both countries; and shall remain in force for ten years 
thereafter, and further until the exi)iration of one year after either of 
the contracting parties shall have given notice to the other of its wish 
to terminate the same; each of the contracting parties being at liberty 
to give such notice to the other at the end of said period of ten years 
or any time thereafter. 

The ratifications of this convention shall be exchanged at Washing- 
ton as soon as possible within one year from this date. 

In testimony whereof the respective j)Ienipotentiaries have signed 
this convention in duplicate, in the English and Spanish languages, 
and affixed thereto the seals of their arms. 

Done at Washington, the 19th day of June, in the year of our Lord 
1882. 

[seal.] Fred'k T. Feelinghuysen. 

[SEAL.] FrAN'^'^ BARCA. 



25 



SWITZERLAND. 

The object of a convention is accomplished by the exchange of diplo- 
matic notes, as follows : 

(1) Mr. Frey to the Secretary of State. 

Swiss Legation, 
Washington, April 27, 1883. 
Mr. Secretary of State: 

The undersigned, miuister of the Swiss Confederation, has this day 
had the honor to receive your note of the 24th instant * * • rela- 
tive to the mutual protection of trade-marks. 

The undersigned sees by the aforesaid note that you would prefer to 
make such an arrangement between the United States and Switzerland 
in the form of an exchange of notes, inasmuch as that form appears 
to you to be the most simple and the best calculated to avoid the diffi- 
culties connected with the ratification of a declaration or convention. 

The undersigned has the honor to reply that, * * * by a commu- 
nication of the 6th of March last, he laid before the Federal Council 
the text of your note of the 5th of that month, and at the same time 
he proposed to try an exchange of declarations which, as regards the 
form, would coincide with your views. The Federal Council having 
consented thereto by its communication of March 30, and having in- 
structed the undersigned with full pow ers to make such an arrange- 
ment, the undersigned thinks that he represents the intentions of his 
Government by giving his adhesion to an exchange of notes. 

As regards the question whether the princii)le of reciprocity is em- 
bodied in the Federal law of December 19, 1879, the undersigned has 
the honor to invite your attention to the text of article 7, paragraph 2, 
of the Federal law of December 19, 1879, and also to the contents of 
the message of the Federal Council relative thereto. In the aforesaid 
paragraph of the law of December 19, 1879, it is expressly provided 
that producers and merchants, whose business is carried on in a state 
which accords the right of reciprocity to Swiss citizens, may have their 
marks registered in the same manner as Swiss citizens. But one 
condition is added, viz. : That foreigners shall be obliged to prove that 
these marks are already ])rotected in the state to which they belong, 
the sole object of which reservation is to prevent foreigners from d» 
positing with fraudulent intent, under the protection of reciprocity, 
marks for which they can not claim protection in their own country. 
The Federal Council, moreover, in its message of October 13, 1879, 
whereby it transmitted to the Federal Chambers a bill for the protection 
of trade-marks, made the following declaration touching trade marks: 
"As regards foreign trade marks we are of opinion that Switzerland 
should stand upon the gi*ound of reciprocity, and that this is the only 
position that should be taken by us in the interest of our industry." 



26 

In view of this declaration the Federal Chambers, in accepting with- 
out material moditicatiou the aforesaid paragraph 2 of article 7 of the 
law in question, were witliout doubt actuated by a desire to embody 
the principle of full reciprocity in tlie law. 

The undersigned takes the liberty in conclusion, to ask your atten- 
tion to the fact that the Confederation has, since the i)romulgation of 
the aforesaid law, concluded a convention with various states for the 
protection of trade-marks upon the basis of reciprocity — for instance, 
witli Great Britain, Belgium, and the jSTetherlands; and that the Con- 
federation, previously to the promulgation of that law, guaranteed, in 
its commercial treaties with France, Germany and Italy, protection in 
Switzerland for theii" trade-marks to the citizens or subjects of those 
states. 

The undersigned thinks that he has by the foregoing furnished proof 
that the Confederation recognizes the principles of reciprocity as regards 
the international protection of trade-marks as an integral part of its 
public law, and that the United States may, with the most perfect con- 
fidence, enter into such an arrangement with the Confederation. 

The undersigned avails himself, etc. 

E. Feey. 



{3) Mr. Davis to Mr. Frey. 

Department op State, 

Washington .1 May 14, 1883. 

Colonel: I have the honor to acknowledge the receipt of your note 
of the 27th ultimo, concerning the reciprocal privilege of trade-marks 
registration in the United States and Switzerland. 

It gives me much pleasure to accept your declaration as evidence 
that the law of Switzerland affords such a guaranty of reciprocity in 
the matter as will nuike the application of the privileges of the act of 
Congress of March 3, 1881, to owners of trade-marks in Switzerland 
proper and certain. 

This exchange of notes accomplishes the end in view of securing 
complete reciprocity under the legislation of the resi^ective countries, 
and I have therefore communicated your note to the Secretary of the 
Interior, with this reply, and requested him to jnake the necessary 
regulations for admitting Swiss trade-marks to all the privileges of 
registration which under that act pertain to the trade-marks of Amer- 
ican origin. 

!N"ow that the immediate object of our late correspondence on the 
subject is attained, i)ermit me to suggest that with a view to rendering 
the engagements of this Government with foreign nations as uniform 
as possible the Government should be pleased to conclude and sign 
with you a formal trademarks convention, similar to that lately con- 



27 

eluded with Spain, to wliich I liave before referred, and of which I 
inclose a printed copy herewith. 

Our present diphimatie accord will, of course, hold good until such 
formal convention can be made effective by ratiiication and exchange. 
Accept, colonel, a renewed assiu-ance of my liighest consideration. 

John Davis, 

Acting /Secretary. 



INTERNATIONAL CONVENTION FOR THE PROTECTION OF INDUSTRIAL 

PROI'EKTY. 

Convention and final protocol for the proieciion of iwhisirial propertxj between Belgium, 
Brazil, France, Guatemala, Italy, Nelherlands, Portugal, Salvador, Serria, Spain, Swit- 
zerland, and acceded to by Doininican Hepublic, Great Britain,* Sweden and Norway, the 
United States, and Tiinis,\ concluded at Paris March 20, 1S83; ratifications exchanged by 
signatory powers at Paris, June 6, 1S84; accession of the United States to the Union an- 
nounced by the minister resident and consul-general of the United States at Berne to- 
the Federal Council of Switzerland, May, 30, 1887; proclaimed June 11, 1887, 

Article 1. 

The governments of Belgium, of Brazil, of Spain, of France, of Gua- 
temala, of Italy, of the ISTetherlands, of Portugal, of Salvador, of Servia, 
and of Switzerland have constituted themselves into a state of union 
for the protection of industrial property. 

Article 2. 

The subjects or citizens of each, of the contracting states shall enjoy, 
in all the other states of the union, so far as concerns patents for in- 
ventions, trade or commercial marks, and the commercial name, the 
advantages that the respective laws thereof at present accord, or shall 
afterwards accord, to subjects or citizens. In consequence they shall 
have the same protection as these latter, and the same legal recourse 
against all infringements of their rights, under reserve of complying 

*Tbe Britisli colonies of New Zealand and Queensland have acceded to the union, 
their accession taking effect September 17, 1891. 

t The Republic of Salvador withdrew from the Union August 17, 1887. 

The several states hereinafter named have declared that their accession to the 
international union includes that of their colonies and possessions hereinafter enu- 
merated, namely: 

France: Martinique, Guadeloupe and dependencies, Reunion and dependency, 
(St. Mary of Madagascar) Cochin China, St. Pierre, Miquelon, Guiana, Senegal 
and dependencies (Rivieres du Sud, Grand Bassaui, Assimie, Porto Novo and Koto- 
nou), the Congo and of the Gaboon, Mayotte, Nossi-Be, the French establishments 
in India (Pondichorry, Chaudernagore, Karikal, Mah(5, Yanaon), New Caledonia, 
the French establishments in Oceanica (Tahiti and deiiendencies) Obock andDiego- 
Suarez. 

Portugal: The Azores and Madeira. 

Spain: Cuba, Porto Rico, ami the Philippines, 



28 

witli the formalities and coiulitioiis imposed upon subjects or citizens 
by the domestic legislation of each State. 

Article 3. 

Are assimilated to the subjects or citizens of the contracting states, 
the subjects or citizens of states not forming part of the union, who 
are domiciled or have industrial or commercial establishments upon 
the territory of one of the states of the union. 

Article 4. 

Anyone who shall have regularly deposited an application for a 
patent of invention, of an industrial model, or design, of a trade or 
commercial mark, in one of the contracting states, shall enjoy, for the 
purpose of making the deposit in the other states, and under reserve 
of the rights of third parties, a right of priority during the periods 
hereinafter determined. 

In consequence, the deposit subsequently made in one of the other 
states of the union, before the exjiiration of these periods, can not be 
invalidated by acts perlormed in the interval, esijecially by another 
deposit, by the publication of the invention or its workings by a third 
party, by the sale of copies of the design or model, by the emjiloyment 
of the mark. 

The periods of priority above mentioned shall be six months for 
patents of invention and three months for designs or industrial models, 
as well as for trade or commercial marks. They shall be augmented 
by one month for countries beyond the sea. 

Article 5. 

The introduction by the patentee into countries where the patent has 
been granted, of articles manufactured in any other of the states of the 
union, shall not entail forfeiture. 

The patentee, however, shall be subject to the obligation of working 
his patent conformably to the laws of the country into which he has 
introduced the i)atented articles. 

Article 6. 

Every trade or commercial mark regularly deposited in the country 
of origin shall be admitted to deposit and so protected in all the other 
countries of the union. 

Shall be considered as country of origin, the country where the de- 
positor has his principal establishment. 

If this principal establishment is not situated in one of the countries 
of the union, shall be considered as country of origin that to which the 
depositor belongs. 

The deposit may be refused if the object for which it is asked is con- 
sidered contrary to morals and to public order. 



1 



29 

Article 7. 

The nature of the production upon which the trade or commercial 
mark is to be afi&xed can not in any case be an obstacle to the deposit 
of the mark. 

Article 8. 

The commercial name shall be protected in all the countries of the 
union without obligatioji of deposit, whether it forms part or not of a 
trade or commercial mark. 

Article 9. 

Every production bearing:, unlawfully, a trade or commercial mark, 
or a commercial name, may be seized upon importation into those of 
the states of the union in which such mark or such commercial name 
has a right to legal protection. 

The seizure shall take place eitlier at the instance of the public pros- 
ecutor or of the interested party, conformably to the domestic legisla-' 
tion of each state. 

Article 10. 

The provisions of the preceding article shall be applicable to every 
production bearing falsely as indication of origin, the name of a stated 
locality wlien this indication shall be joined to a fictitious commercial 
name or a name borrowed with fraudulent intention. 

Is reputed interested party every manufacturer or trader engaged ih 
the manufacture or sale of this production, when established in the 
locality falsely indicated as the place of export. 

Article 11. 

The high contracting parties engage between themselves to accord 
a temporary protection to patentable inventions, to industrial designs 
or models, as well as to trade or commercial marks, for the productions 
which may figure at of&cial or officially recognized international exhi- 
bitions. 

Article 12. 

Each one of the high contracting parties engages to establish a 
special service of industrial property and a central depot, for giving 
information to the public concerning patents of invention, industrial 
designs or models, and trade or commercial marks. 

Article 13. 

An international ofiQce shall be organized under the title of "Inter- 
national Bureau of the Union for the Protection of Industrial Prop- 
erty." 



30 

Tliis Bureau, tlie cost of wliicli shall he supported by the govern- 
ments of all the contracting;' states, shall be placed under the high 
authority of the superior administration of the Swiss Confederation, 
and shall work under its super\dsion. Its powers shall be determined 
by common accord between the states of the uuion. 

Article 14. 

The present convention shall be submitted to periodical revisions for 
the purpose of introducing improvements calculated to perfect the sys- 
tem of the union. 

With this object, conferences shall take place successively in one of 
the contracting states between the delegates of said states. 

The next meeting shall take place in 1885 at Eome. 

Article 15. 

It is understood that the high contracting parties respectively re- 
serve the right to make, separately, between themselves, special 
arrangements for the protection of industrial property so far as these 
arrangements shall not interfere with the provisions of the present 
convention. 

Article 16. 

The states that have not taken part in the present convention shall 
be admitted to adhere to the same upon their application. 

This adhesion shall be notified through the diplomatic channel to the 
Government of the Swiss Confederation and by the latter to all the 
others. 

It shall convey, of full right, accession to all the clauses and admis- 
sion to all the advantages stipulated by the present convention. 

Article 17. 

The execution of the reciprocal engagements contained in the pres- 
ent convention is subordinated, in so far as needful, to the accomplish- 
ment of the formalities and rules established by the constitntional 
laws of such of the high contracting parties as are bound to ask the 
application thereof, which they agree to do within the shortest delay 
possible. 

Article 18. 

The present convention shall be put into execution within a month 
after exchange of ratifications, and shall remain in force during a period 
of time not determined, nntil the expiration of one year from the day 
upon which the denunciation shall be made. 

This denunciation shall be addressed to the government empowered 
to receive adhesions. It shall only produce its effect as regards the 



31 

state making it, the convention remaining executory for tlie other con- 
tracting parties. 

Article 19. 

The present convention shall be ratified and the ratification s shall 
be exchanged at Paris within the period of one year at the latest. 

FINAL PROTOCOL. 

On proceeding to the signature of the convention, concluded this day 
between the governments of Belgium, Brazil, Spain, France, Guatemala, 
Italy, the Netherlands, Portugal, Salvador, Servia, and Switzerland, 
for the protection of industrial property, the undersigned i)lenii)oten- 
tiaries have agreed on the following: 

(1) The words industrial property are to be understood in their widest 
acceptation, in the sense that they apply not only to the productions 
of industry properly so called, but equallj^ to the productions of agri- 
culture (wines, grains, fruits, cattle, etc.) and to mineral productions 
used in commerce (mineral waters, etc.). 

(2) Under the name patents of invention are included the Various 
classes of industrial patents granted by the laws of the contracting 
states, such as patents of importation, patents of improvement, etc. 

(3) It is understood that the final provision of Article 2 of the con- 
vention shall in no respect infringe upon the laws of each of the con- 
tracting states, so far as concerns the procedure before the courts and 
the competence of the said courts. 

(4) Paragraph 1 of Article 6 is to be understood in the sense that no 
trade or commercial mark shall be excluded from protection in one of 
the states of the union by the mere fact that it may not satisfy, in 
respect to the signs composing it, the conditions of the laws of this 
state, provided that it does satisfy in this regard the laws of the coun- 
try of origin, and that it has been in this latter country duly deposited. 
Saving this exception, which concerns only the form of the mark, and 
under reservation of the provisions of the other articles of the conven- 
tion, the domestic legislation of each of the states shall receive its due 
application. 

In order to avoid all misinterpretation, it is understood that the use 
of public armorial bearings and decorations may be considered contrary 
to public order in the sense of the final paragraph of Article 6. 

(5) The organization of a special service of industrial property men- 
tioned in Article 12, shall iuclude as far as is possible, the publication 
in each state of an official periodical. 

(6) The common expenses of the international bureau created by Arti- 
cle 13 shall in no case exceed yearly a sum total representing a mean 
of 2,000 francs for each contracting state. 

In order to determine the contributory share of each of the states in 
this sum total of expeuses, the contracting states and those who may 



32 

hereafter adhere to the union shall be divided into six classes, each 
contributing in proportion of a certain number of units, namely: First 
class, 25 units; second class, 20 units; third class, 15 units; fourth 
class, 10 units; fifth class, 5 units; sixth class, 3 units. 

These coeflScients shall be multiplied by the number of the states of 
each class, and the sum of the products thus obtained shall furnish the 
number of units by which the total expense is to be divided. The quo- 
tient will give the amount of the unit of expense. 

The contracting states are classified as follows in respect to the 
division of the expenses : 

First class. — France, Italy.* 

Second class. — Spain. 

Third class. — Belgium, Brazil, Portugal, Switzerland. 

Fourth class. — Netherlands. 

Fifth class. — Servia. 

Sixth class. — Guatemala, Salvador. 

The Swiss Government shall supervise the expenditure of the inter- 
national bureau, make the necessary advances, and state the annual 
account, which shall be communicated to all the other governments. 

The international bureau shall collect information of every kind 
relating to the protection of industrial pro^jerty, and shall compile from 
it general statistics, which shall be transmitted to all the governments. 
It shall occupy itself with examinations of general utility which may 
be of interest to the union, and shall publish, with the assistance of 
the documents put at its disposal by the various governments, a period- 
ical in the French language on questions which concern the object of 
the union. 

The numbers of this periodical and all the documents published by 
the InternatioHal bureau shall be partitioned among the governments 
of the states of the union in the proportion of the number of contribu- 
tory units above mentioned. 

The copies and supplementary documents which may be requested 
either by the said governments or by corporations or private persons 
shall be paid for separately. 

The international bureau must always hold itself at the disposal of 
the members of the union, in order to furnish them, on questions relat- 
ing to the international service of industrial property, with such special 
information as they may need. 

The government of the country where the next conference is to be 
held shall prepare, with the assistance of the international bureau, the 
"work of the said conference. • 

The director of the international bureau shall be present at the ses- 
sions of the conferences, and shall take part in the discussions without 
voting. 

*0n the accession of the United States and Great Britain both were assigned to 
the first class. 



33 

He shall make an aninial report on its management, which shall be 
communicated to all the members of the union. 

The official language of the international bureau shall be the French 
language. 

(7) The present final protocol, which shall be ratified at the same 
time as the convention concluded this day, shall be considered as form- 
ing an integral part of that convention, and shall have the same force, 
value, and duration. 

SUPPLEMENTAL CONVENTION 

Between the United States, Belgium, Brazil, France, Great Britain, Cruatemala, Italy, the 
Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, and Tunis, amendatory of 
the convention of March 20, 1883, for the protection of industrial property . Concluded 
at Madrid April 15, 1891; ratification advised ly the Senate March 2, 1892; ratified 
by the President March SO, 1892 ; ratifications exchanged June 15, 1892 ; proclaimed 
June 22, 1392. 

Article 1. The first paragraph of Ko. 6 of the final protocol annexed 
to the international convention of March 20, 1883, for the protection of 
industrial property is annulled and replaced by the following provision: 

" The expenses of the international bureau instituted by Article 13 
shall be supported by the contracting states in common. They can not 
in any event exceed the sum of sixty thousand francs i^er annum.*' 

Art. 2. The present protocol shall be ratified, and the ratification 
thereof shall be exchanged at Madrid within a period of six months at 
the latest. 

It shall take effect one month after the exchange of ratifications, and 
shall have the same force and duration as the convention of March 20, 
1883, of which it shall be considered as forming an integral part. 

In testimony whereof the plenipotentiaries of the states above-named 
have signed the present protocol at Madrid the 15th day of April, 1891. 



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